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Generational Dynamics Web Log for 5-May-2014
5-May-14 World View -- Japan debates 'collective self-defense' to protect America and Japan

Web Log - May, 2014

5-May-14 World View -- Japan debates 'collective self-defense' to protect America and Japan

Reinterpretation would avoid having to amend the constitution

This morning's key headlines from GenerationalDynamics.com

Japan's pacifist constitution limits much military activity
Japan debates 'collective self-defense' to protect America and Japan

Japan's pacifist constitution limits much military activity

Shinzo Abe

Shinzo Abe

After the end of World War II, Japan adopted a 'pacifist' constitution, at U.S. insistence, that prohibited any military action except in response to a direct attack on Japan itself. According to Japan's Ministry of Defense:

"After World War II, Japan has resolved to ensure that the horrors of war will never be repeated and has ever since made tenacious efforts to establish itself as a pacific nation. The establishment of eternal peace is a sincere wish shared by the Japanese people. The Constitution of Japan, upholding pacifism, sets forth in Article 9 the renunciation of war, non-possession of war potential and denial of the right of belligerency of the state. Since Japan is an independent state, it is recognized beyond doubt that the provision in the article does not deny the inherent right of self-defense that Japan is entitled to maintain as a sovereign nation.
Thus the self-defense right of Japan is not denied, and therefore, the Government of Japan interprets the Constitution as being allowed to possess and maintain the minimum level of armed strength for self-defense necessary to ensure that Japan exercises the right. On the basis of such understanding, the government has adopted an exclusively defense-oriented policy as its basic policy of national defense, has maintained the Self-Defense Forces as an armed organization and has taken steps to improve their capabilities and conduct their operations under the Constitution. ...
The self-defense capability to be possessed and maintained by Japan under the Constitution is limited to the minimum necessary for self-defense. ...
But in any case in Japan, it is unconstitutional to possess what is referred to as offensive weapons that, from their performance, are to be used exclusively for total destruction of other countries, since it immediately exceeds the minimum level necessary for self-defense. For instance, the SDF is not allowed to possess ICBMs, long-range strategic bombers or offensive aircraft carriers. ...
The Three Non-Nuclear Principles are those of not possessing nuclear weapons, not producing them and not allowing them to be brought into Japan. Japan firmly maintains the principles as the fixed line of national policy."

Under international law, if a nation's ally is attacked by another country, then the nation may use its armed forces in defense of its ally. This is known as "collective self-defense," and it particularly can be invoked by either of two countries that have a mutual defense agreement, such as the mutual defense agreement signed by Japan and the United States. However, collective self-defense is prohibited in Japan's constitution:

"Under international law, there is recognition that a state has the right of collective self-defense, that is, the right to use armed strength to stop armed attack on a foreign country with which it has close relations, although the state is not under direct attack. It is beyond doubt that as a sovereign state, Japan has the right of collective self-defense under international law. It is, however, not permissible to use the right, that is, to stop armed attack on another country with armed strength, although Japan is not under direct attack, since it exceeds the limit of use of armed strength as permitted under Article 9 of the Constitution."

Japan Ministry of Defense, Part I and Part II and Part III and Asahi Shimbun

Japan debates 'collective self-defense' to protect America and Japan

The issue of amending the constitution to allow more kinds of military action has split Japan politically for decades, but it's particularly heating up now for several reasons:

Japan's prime minister Shinzo Abe has long wanted to amend the constitution.

China has been increasingly belligerent in the East China Sea, particularly over the Senkaku/Daioyu islands, and North Korea has threatened Japan with missile attacks. The military says that it needs more flexible options to deter threatened attacks.

Japanese law appears to contradict itself. Japan and the U.S. have a mutual defense treaty, but if an American ship were attacked near Japanese waters, Japan would not be able to defend it, because of the prohibition against collective self-defense.

Amending the Japanese constitution would be a difficult and time-consuming process, so Shinzo Abe is supporting a workaround: Reinterpret the meaning of the phrase "collective self-defense" so in many cases, formerly prohibited activities would be interpreted as being permitted as Japan's individual self-defense. For example, an attack on U.S. warships near Japanese waters could be construed as a prelude to an attack on Japan itself.

Abe says that this change is essential for the survival of Japan. Opponents say that approving the exercise of the right to collective self-defensive is a "slippery slope" that will keep expanding to permit additional non-defense military activity.

Japan News and Asahi Shimbun and Japan News

(Comments: For reader comments, questions and discussion, see the 5-May-14 World View -- Japan debates 'collective self-defense' to protect America and Japan thread of the Generational Dynamics forum. Comments may be posted anonymously.) (5-May-2014) Permanent Link
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Japan's pacifist constitution limits much military activity

Japan debates 'collective self-defense' to protect America and Japan

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